Inheritance Law · Statutory Succession
Statutory Succession – who inherits without a will?
If there is no will and no inheritance contract, the law determines who inherits. Statutory succession follows the degree of kinship and marital status – not personal wishes.
Knowing your position lets you assess claims correctly and meet deadlines. I check for you who inherits in your case and in what proportion.
Key facts
- Always applies if there is no valid will/inheritance contract.
- Heirs are grouped in orders – a closer order excludes a more distant one.
- The spouse inherits in addition, depending on the matrimonial property regime.
- If there are no relatives and no spouse, the state inherits.
The orders of statutory succession
1st order
The deceased's children and their descendants (grandchildren, great-grandchildren). If a child is deceased, their children take their place.
2nd order
The deceased's parents and their descendants (siblings, nieces, nephews). They inherit only if there are no 1st-order heirs.
3rd order
Grandparents and their descendants (uncles, aunts, cousins). Only relevant if there are no 1st- and 2nd-order heirs.
What does the spouse inherit?
The surviving spouse inherits one quarter alongside 1st-order heirs (children) and one half alongside 2nd-order heirs. In the statutory regime of community of accrued gains, the share increases by a further quarter – alongside children the spouse usually inherits half of the estate.
What to watch out for
- Unmarried partners inherit nothing by law – without a will they receive nothing.
- Even disinherited close relatives have a compulsory-portion claim.
- The 6-week disclaimer deadline also applies under statutory succession.
- Siblings have no compulsory portion but can be 2nd-order statutory heirs.
Frequently asked questions about statutory succession
What happens if there is no will?
Statutory succession under the German Civil Code applies. The closest relatives inherit in a fixed order, together with the spouse. Without a will, the deceased's personal wishes are irrelevant.
Does the spouse inherit everything?
No, usually not. Alongside children the spouse usually inherits half in the statutory regime, the children the other half. Only if there are no 1st- and 2nd-order relatives and no grandparents does the spouse inherit alone.
Do unmarried partners inherit?
No. Anyone not married or in a registered partnership has no statutory right of inheritance – regardless of the length of the relationship. Only a will or inheritance contract helps here.
What is the difference between heir and compulsory portion?
The heir becomes the legal successor and takes on assets and debts. The compulsory portion, by contrast, is a pure monetary claim of disinherited close relatives against the heirs – amounting to half of the statutory share.
Unsure who inherits in your case?
I clarify the statutory succession for your specific case and tell you which claims and deadlines apply.